Blauch v. Johnstown Water Co.

Citations

• 247 Pa. 71
• 93 A. 169
• 1915 Pa. LEXIS 783

Syllabus

<p>Corporations — Water companies — Eminent domain — Act of April 29, 1874, P. L. 73 — Act of May 16,1889, P. L. 226; June 19,1871, P. L. 1360 — Equity—Bill for injunction — Approval of bond — Improper use of water — Collateral attack.</p> <p>1. A water'company incorporated by a private act, which has accepted the provisions of the Constitution of 1874, and the Act of April 29, 1874, P. L. 73, relating to the creation and powers of corporations, acquires under the Act of May 16, 1889, P. L. 226, amending the Act of 1874, and conferring upon water companies additional powers, the right of eminent domain, in the exercise of which, it may appropriate so much of the waters of a river, as may be necessary for its corporate purposes and docs not by accepting the provisions of the Act of 1874 lose or surrender its franchise to supply five boroughs, designated in its charter, and was not thereby required to confine its supply of water to one of the five boroughs mentioned therein.</p> <p>2. In a suit in equity to test the right of a water company to appropriate the water of a river under its alleged right of eminent domain, the fact that the bond filed to secure the payment of the damages had not been approved by the court is not material where it appears that the water of the stream had been appropriated by the company sixteen years before plaintiff purchased his land, of which plaintiff had full knowledge when he purchased.</p> <p>3. The propriety of the use made of water which a water company, in the exercise of its franchise, has the right to take, cannot be questioned under the Act of June 19, 1871, P. L. 1360 by a private individual collaterally. If such company makes any improper use of the water which it takes, it is answerable to the Commonwealth alone.</p>